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Posted on 12/01/2003 11:53:17 AM PST by martin_fierro
Jury Selection Begins in Janklow Trial Mon Dec 1,10:46 AM ET
By CARSON WALKER, Associated Press Writer
FLANDREAU, S.D. - Jury selection began Monday in the manslaughter trial of Rep. Bill Janklow, accused in traffic accident that killed a motorcyclist at a rural intersection.
AP Photo
One hundred and eight people have been called for the jury pool, with 92 told to report to the courthouse Monday. Twelve jurors and an alternate will be selected to hear the case of the 64-year-old Republican, who also is charged with speeding, running a stop sign and reckless driving for an Aug. 16 collision.
If convicted of manslaughter, Janklow, the state's only congressman, could face up to 10 years in prison, as well as a House ethics committee investigation.
Under the committee's rules, representatives convicted of a crime that carries two or more years in prison should refrain from voting in the chamber until they are cleared or are re-elected.
Janklow's political credential include four terms as governor and four years as South Dakota's attorney general.
Democrats are in a good position to gain from the trial, expected to last about a week, said Larry J. Sabato, director of the University of Virginia Center for Politics. Democrat Stephanie Herseth, who lost her bid for Congress to Janklow last year, already has said she will run for the House seat again.
"You cannot absolutely rule him out, but my guess is that wiser heads will encourage him to move aside," Sabato said.
The day of the crash, Janklow was driving 71 mph in a 55 mph zone when he ran a stop sign south of Flandreau, putting his Cadillac into the path of a motorcycle, according to Moody County State's Attorney Bill Ellingson.
The motorcycle's rider, Randy Scott, a 55-year-old farmer, trucking business owner and volunteer firefighter from nearby Hardwick, Minn., died at the scene.
Janklow suffered a broken bone in one hand and bleeding on the brain. He has declined to comment on the charges, but court documents show that a lingering medical condition could contribute to his defense.
According to documents filed by a prosecutor, Janklow might have suffered a diabetic reaction. The record says Janklow took his insulin but had not eaten; it also indicates he was taking the medication Atenolol, which can mask symptoms of a diabetic reaction.
Janklow's lawyer, Ed Evans, has said a medical defense is not a certainty.
If the defense does offer testimony that the accident was caused at least in part by Janklow's health, the judge could allow testimony about his 12 speeding tickets over a five-year period in the 1990s and three accidents on his record.
One incident that will be allowed is a reported close-call at the same intersection a year ago. Jennifer Walters said that on Dec. 29, 2002, Janklow nearly hit her pickup when he ran a stop sign there. She said she didn't press charges because Janklow was governor at the time.
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On the Net:
Janklow: http://www.house.gov/janklow
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FReeper Motorcycle Hooligan |
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Sad but true. It's almost happened to me a few times.
One incident that will be allowed is a reported close-call at the same intersection a year ago. Jennifer Walters said that on Dec. 29, 2002, Janklow nearly hit her pickup when he ran a stop sign there. She said she didn't press charges because Janklow was governor at the time.
I'd like to reiterate for the record my opposition to women's suffrage.
The charges might not have saved this rider's life but they certainly would have gone a long way toward ensuring justice was served in the criminal trial.
Spending all that money, calling in all those jurors, FOR WHAT? Just hand him his pre-arranged, non-transfering of venue, had dinner with every officer of the court, suspended sentence and save everybody a few bucks.
No way he's doin' jail time.
C'mon! All he did was take out some biker scum. Its not like he killed a real person or anything . . .
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